IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.35754 of 2010
KAUSHAL RAI SON OF BAIJNATH RAI
Versus
STATE OF BIHAR
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3 03.11.2010 Heard both sides.
Petitioner has renewed his prayer for bail in view of the
liberty so granted to him by order dated 12.8.2009 passed on his
earlier bail application (Annexure-1). Order at Annexure-1
eloquently indicate the reasons for rejection of his bail.
In view of the observations made in concluding
paragraph of order dated 12.8.2009, status report was called for
in this case. The same is at Flag-X. It appears therefrom that
charges have been framed against the petitioner on 1.9.2009 and
steps have been taken to ensure appearance of the prosecution
witnesses.
Learned counsel for the petitioner submits that
petitioner is in custody since 9.2.2009.
Having regard to the materials on record including the
status report, this Court, while declining the prayer made on
behalf of the petitioner, disposes of the application with the
following order:
let the Trial Court endeavour and examine all
prosecution witnesses within 07 months from the date of
receipt/communication of the order in the Court below failing
which the Trial Court shall release the petitioner on bail on
furnishing bail bond of Rs. 10,000/- (ten thousand) with two
2
sureties of the like amount each to its satisfaction in connection
with Patory P.S. case no. 126 of 2008(S.T. no. 334/09) subject to
the following conditions:
(i) One of the bailers will be own/close
family member of the petitioner.
(ii) The petitioner shall appear in person on
each and every date fixed in the Court
below. In case of default on two
consecutive occasions without any
cogent/satisfactory reason, the bail bond
of the petitioner shall be cancelled and
thereafter the Trial Court will be at liberty
to secure his arrest in accordance with
law.
( Kishore K. Mandal, J. )
pkj
